Lawyer's Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I
will support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or malice, and
will conduct myself as a lawyer according to the best of my knowledge and discretion,
with all good fidelity as well to the courts as to my clients; and I impose upon myself
these voluntary obligations without any mental reservation or purpose of evasion. So
help me God.
CODE OF PROFESSIONAL RESPONSIBILITY
(Promulgated June 21, 1988)
CHAPTER I. THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF
THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
​ ule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or
R
at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it
will admit of a fair settlement.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN
EFFICIENT
AND
CONVENIENT
MANNER
COMPATIBLE
WITH
THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse
to render legal advice to the person concerned if only to the extent necessary to
safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE
ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR
STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be
used. The continued use of the name of a deceased partner is permissible provided that
the firm indicates in all its communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and
his name shall be dropped from the firm name unless the law allows him to practice law
currently.
Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE
LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND
IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE
LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT
SERVICES IN THE DISCHARGE OF THEIR TASKS.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict
but to see that justice is done. The suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is highly reprehensible and is
cause for disciplinary action.
Rule 6.02 - A lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to interfere with his public
duties.
Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in said
service.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the bar.
Rule 7.02 - A lawyer shall not support the application for admission to the bar of any
person known by him to be unqualified in respect to character, education, or other
relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS
AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer, without fear or
favor, to give proper advice and assistance to those seeking relief against unfaithful or
neglectful counsel.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
UNAUTHORIZED PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of
any task which by law may only be performed by a member of the bar in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with
persons not licensed to practice law, except:
(a) Where there is a pre-existing agreement with a partner or associate that,
upon the latter's death, money shall be paid over a reasonable period of time to
his estate or to persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a
deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement
plan even if the plan is based in whole or in part, on a profit sharing agreement.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE
COURT.
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in
Court; nor shall he mislead, or allow the Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a
paper, the language or the argument of opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not been proved.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to
defeat the ends of justice.
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO
THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR
CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or
behavior before the Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record
or have no materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against a judge to the proper authorities
only.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared
himself on the law and the facts of his case, the evidence he will adduce and the order
of its proferrence. He should also be ready with the original documents for comparison
with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same or offering an
explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse court processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in
the trial, while the witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to
impersonate another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a) on formal matters, such as the mailing, authentication or custody of an
instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential to the ends
of justice, in which event he must, during his testimony, entrust the trial of the
case to another counsel.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES
THE APPEARANCE OF INFLUENCING THE COURT.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency
of the government in the normal course of judicial proceedings.
CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the
latter's race, sex. creed or status of life, or because of his own opinion regarding the
guilt of said person.
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amicus curiae, or a request from the Integrated
Bar of the Philippines or any of its chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client
or between a present client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional
fees shall observe the same standard of conduct governing his relations with paying
clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN
ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as
practicable whether the matter would involve a conflict with another client or his own
interest, and if so, shall forthwith inform the prospective client.
Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect
of matters disclosed to him by a prospective client.
Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent
of all concerned given after a full disclosure of the facts.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion
on the merits and probable results of the client's case, neither overstating nor
understating the prospects of the case.
Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public
official, tribunal or legislative body.
Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the
principles of fairness.
Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently
with the practice of law shall make clear to his client whether he is acting as a lawyer or
in another capacity.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES
OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all money or property collected or received for or
from the client.
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his
own and those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon
demand. However, he shall have a lien over the funds and may apply so much thereof
as may be necessary to satisfy his lawful fees and disbursements, giving notice
promptly thereafter to his client. He shall also have a lien to the same extent on all
judgments and executions he has secured for his client as provided for in the Rules of
Court.
Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest
are fully protected by the nature of the case or by independent advice. Neither shall a
lawyer lend money to a client except, when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should
know that he is not qualified to render. However, he may render such service if, with the
consent of his client, he can obtain as collaborating counsel a lawyer who is competent
on the matter.
Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall
respond within a reasonable time to the client's request for information.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW.
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper advantage in any case or
proceeding.
Rule 19.02 - A lawyer who has received information that his client has, in the course of
the representation, perpetrated a fraud upon a person or tribunal, shall promptly call
upon the client to rectify the same, and failing which he shall terminate the relationship
with such client in accordance with the Rules of Court.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the
case.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) The time spent and the extent of the service rendered or required;
(b) The novelty and difficulty of the questions involved;
​(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of the
proffered case;
(f) The customary charges for similar services and the schedule of fees of the
IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the client
from the service;
​(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled
to a division of fees in proportion to the work performed and responsibility assumed.
Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client,
accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or
other compensation whatsoever related to his professional employment from anyone
other than the client.
Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
compensation and shall resort to judicial action only to prevent imposition, injustice or
fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF
HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of
the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information
acquired in the course of employment, nor shall he use the same to his own advantage
or that of a third person, unless the client with full knowledge of the circumstances
consents thereto.
Rule 21.03 - A lawyer shall not, without the written consent of his client, give information
from his files to an outside agency seeking such information for auditing, statistical,
bookkeeping, accounting, data processing, or any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those
whose services are utilized by him, from disclosing or using confidences or secrets of
the clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even
with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular
case except to avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD
CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
(c) When his inability to work with co-counsel will not promote the best interest of
the client;
(d) When the mental or physical condition of the lawyer renders it difficult for him
to carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien,
immediately turn over all papers and property to which the client is entitled, and shall
cooperative with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.
RULE 138
Attorneys and Admission to Bar
Section 1. Who may practice law. — Any person heretofore duly admitted as a member
of the bar, or hereafter admitted as such in accordance with the provisions of this rule,
and who is in good and regular standing, is entitled to practice law.
Section 2. Requirements for all applicants for admission to the bar. — Every applicant
for admission as a member of the bar must be a citizen of the Philippines, at least
twenty-one years of age, of good moral character, and resident of the Philippines; and
must produce before the Supreme Court satisfactory evidence of good moral character,
and that no charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines.
Section 3. Requirements for lawyers who are citizens of the United States of America.
— Citizens of the United States of America who, before July 4, 1946, were duly licensed
members of the Philippine Bar, in active practice in the courts of the Philippines and in
good and regular standing as such may, upon satisfactory proof of those facts before
the Supreme Court, be allowed to continue such practice after taking the following oath
of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of
law in the Philippines, do solemnly swear that I recognize the supreme authority of the
Republic of the Philippines; I will support its Constitution and obey the laws as well as
the legal orders of the duly constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no
man for money or malice, and will conduct myself as a lawyer according to the best of
may knowledge and discretion with all good fidelity as well as to the courts as to my
clients; and I impose upon myself this voluntary obligation without any mental
reservation or purpose of evasion. So help me God.
Section 4. Requirements for applicants from other jurisdictions. — Applicants for
admission who, being Filipino citizens, are enrolled attorneys in good standing in the
Supreme Court of the United States or in any circuit court of appeals or district court
therein, or in the highest court of any State or Territory of the United States, and who
can show by satisfactory certificates that they have practiced at least five years in any of
said courts, that such practice began before July 4, 1946, and that they have never
been suspended or disbarred, may, in the discretion of the Court, be admitted without
examination.
Section 5. Additional requirements for other applicants. — All applicants for admission
other than those referred to in the two preceding section shall, before being admitted to
the examination, satisfactorily show that they have regularly studied law for four years,
and successfully completed all prescribed courses, in a law school or university,
officially approved and recognized by the Secretary of Education. The affidavit of the
candidate, accompanied by a certificate from the university or school of law, shall be
filed as evidence of such facts, and further evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily
completed the following courses in a law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.
Section 6. Pre-Law. — No applicant for admission to the bar examination shall be
admitted unless he presents a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for admission
thereto the completion of a four-year high school course, the course of study prescribed
therein for a bachelor's degree in arts or sciences with any of the following subjects as
major or field of concentration: political science, logic, english, spanish, history and
economics.
Section 7. Time for filing proof of qualifications. — All applicants for admission shall file
with the clerk of the Supreme Court the evidence required by section 2 of this rule at
least fifteen (15) days before the beginning of the examination. If not embraced within
section 3 and 4 of this rule they shall also file within the same period the affidavit and
certificate required by section 5, and if embraced within sections 3 and 4 they shall
exhibit a license evidencing the fact of their admission to practice, satisfactory evidence
that the same has not been revoked, and certificates as to their professional standing.
Applicants shall also file at the same time their own affidavits as to their age, residence,
and citizenship.
Section 8. Notice of Applications. — Notice of applications for admission shall be
published by the clerk of the Supreme Court in newspapers published in Pilipino,
English and Spanish, for at least ten (10) days before the beginning of the examination.
Section 9. Examination; subjects. — Applicants, not otherwise provided for in sections
3 and 4 of this rule, shall be subjected to examinations in the following subjects: Civil
Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers); International Law (Private
and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and
Evidence); Legal Ethics and Practical Exercises (in Pleadings and Conveyancing).
Section 10. Bar examination, by questions and answers, and in writing. — Persons
taking the examination shall not bring papers, books or notes into the examination
rooms. The questions shall be the same for all examinees and a copy thereof, in
English or Spanish, shall be given to each examinee. Examinees shall answer the
questions personally without help from anyone.
Upon verified application made by an examinee stating that his penmanship is so poor
that it will be difficult to read his answers without much loss of time., the Supreme Court
may allow such examinee to use a typewriter in answering the questions. Only
noiseless typewriters shall be allowed to be used.
The committee of bar examiner shall take such precautions as are necessary to prevent
the substitution of papers or commission of other frauds. Examinees shall not place
their names on the examination papers. No oral examination shall be given.
Section 11. Annual examination. — Examinations for admission to the bar of the
Philippines shall take place annually in the City of Manila. They shall be held in four
days to be disignated by the chairman of the committee on bar examiners. The subjects
shall be distributed as follows: First day: Political and International Law (morning) and
Labor and Social Legislation (afternoon); Second day: Civil Law (morning) and Taxation
(afternoon); Third day: Mercantile Law (morning) and Criminal Law (afternoon); Fourth
day: Remedial Law (morning) and legal Ethics and Practical Exercises (afternoon).
Section 12. Committee of examiners. — Examinations shall be conducted by a
committee of bar examiners to be appointed by the Supreme Court. This committee
shall be composed of a Justice of the Supreme Court, who shall act as chairman, and
who shall be designated by the court to serve for one year, and eight members of the
bar of the Philippines, who shall hold office for a period of one year. The names of the
members of this committee shall be published in each volume of the official reports.
Section 13. Disciplinary measures. — No candidate shall endeavor to influence any
member of the committee, and during examination the candidates shall not
communicate with each other nor shall they give or receive any assistance. The
candidate who violates this provisions, or any other provision of this rule, shall be barred
from the examination, and the same to count as a failure against him, and further
disciplinary action, including permanent disqualification, may be taken in the discretion
of the court.
Section 14. Passing average. — In order that a candidate may be deemed to have
passed his examinations successfully, he must have obtained a general average of 75
per cent in all subjects, without falling below 50 per cent in any subjects. In determining
the average, the subjects in the examination shall be given the following relative
weights: Civil Law, 15 per cent; Labor and Social Legislation, 10 per cent; Mercantile
Law, 15 per cent; Criminal Law; 10 per cent: Political and International Law, 15 per cent;
Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and Practical Exercises,
5 per cent.
Section 15. Report of the committee; filing of examination papers. — Not later than
February 15th after the examination, or as soon thereafter as may be practicable, the
committee shall file its report on the result of such examination. The examination papers
and notes of the committee shall be filed with the clerk and may there be examined by
the parties in interest, after the court has approved the report.
Section 16. Failing candidates to take review course. — Candidates who have failed
the bar examinations for three times shall be disqualified from taking another
examination unless they show the satisfaction of the court that they have enrolled in and
passed regular fourth year review classes as well as attended a pre-bar review course
in a recognized law school.
The professors of the individual review subjects attended by the candidates under this
rule shall certify under oath that the candidates have regularly attended classes and
passed the subjects under the same conditions as ordinary students and the ratings
obtained by them in the particular subject.
Section 17. Admission and oath of successful applicants. — An applicant who has
passed the required examination, or has been otherwise found to be entitled to
admission to the bar, shall take and subscribe before the Supreme Court the
corresponding oath of office.
Section 18. Certificate. — The supreme Court shall thereupon admit the applicant as a
member of the bar for all the courts of the Philippines, and shall direct an order to be
entered to that effect upon its records, and that a certificate of such record be given to
him by the clerk of court, which certificate shall be his authority to practice.
Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all
attorneys admitted to practice, which roll shall be signed by the person admitted when
he receives his certificate.
Section 20. Duties of attorneys. — It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just,
and such defenses only as he believes to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him, such means
only as are consistent with truth and honor, and never seek to mislead the judge or any
judicial officer by an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with his client's
business except from him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the
honor or reputation of a party or witness, unless required by the justice of the cause with
which he is charged;
(g) Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person may be deprived of life or liberty,
but by due process of law.
Section 21. Authority of attorney to appear. — an attorney is presumed to be properly
authorized to represent any cause in which he appears, and no written power of
attorney is required to authorize him to appear in court for his client, but the presiding
judge may, on motion of either party and on reasonable grounds therefor being shown,
require any attorney who assumes the right to appear in a case to produce or prove the
authority under which he appears, and to disclose, whenever pertinent to any issue, the
name of the person who employed him, and may thereupon make such order as justice
requires. An attorneys wilfully appear in court for a person without being employed,
unless by leave of the court, may be punished for contempt as an officer of the court
who has misbehaved in his official transactions.
Section 22. Attorney who appears in lower court presumed to represent client on
appeal. — An attorney who appears de parte in a case before a lower court shall be
presumed to continue representing his client on appeal, unless he files a formal petition
withdrawing his appearance in the appellate court.
Section 23. Authority of attorneys to bind clients. — Attorneys have authority to bind
their clients in any case by any agreement in relation thereto made in writing, and in
taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without
special authority, compromise their client's litigation, or receive anything in discharge of
a client's claim but the full amount in cash.
Section 24. Compensation of attorneys; agreement as to fees. — An attorney shall be
entitled to have and recover from his client no more than a reasonable compensation for
his services, with a view to the importance of the subject matter of the controversy, the
extent of the services rendered, and the professional standing of the attorney. No court
shall be bound by the opinion of attorneys as expert witnesses as to the proper
compensation, but may disregard such testimony and base its conclusion on its own
professional knowledge. A written contract for services shall control the amount to be
paid therefor unless found by the court to be unconscionable or unreasonable.
Section 25. Unlawful retention of client's funds; contempt. — When an attorney unjustly
retains in his hands money of his client after it has been demanded, he may be
punished for contempt as an officer of the Court who has misbehaved in his official
transactions; but proceedings under this section shall not be a bar to a criminal
prosecution.
Section 26. Change of attorneys. — An attorney may retire at any time from any action
or special proceeding, by the written consent of his client filed in court. He may also
retire at any time from an action or special proceeding, without the consent of his client,
should the court, on notice to the client and attorney, and on hearing, determine that he
ought to be allowed to retire. In case of substitution, the name of the attorney newly
employed shall be entered on the docket of the court in place of the former one, and
written notice of the change shall be given to the advance party.
A client may at any time dismiss his attorney or substitute another in his place, but if the
contract between client and attorney has been reduced to writing and the dismissal of
the attorney was without justifiable cause, he shall be entitled to recover from the client
the full compensation stipulated in the contract. However, the attorney may, in the
discretion of the court, intervene in the case to protect his rights. For the payment of his
compensation the attorney shall have a lien upon all judgments for the payment of
money, and executions issued in pursuance of such judgment, rendered in the case
wherein his services had been retained by the client.
Section 27. Attorneys removed or suspended by Supreme Court on what grounds. — A
member of the bar may be removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he is required to take before the
admission to practice, or for a wilfull disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.
Section 28. Suspension of attorney by the Court of Appeals or a Court of First Instance.
— The Court of Appeals or a Court of First Instance may suspend an attorney from
practice for any of the causes named in the last preceding section, and after such
suspension such attorney shall not practice his profession until further action of the
Supreme Court in the premises.
Section 29. Upon suspension by the Court of Appeals or Court of First Instance, further
proceedings in Supreme Court. — Upon such suspension, the Court of Appeals or the
Court of First Instance shall forthwith transmit to the Supreme Court a certified copy of
the order of suspension and a full statement of the facts upon which the same was
based. Upon the receipt of such certified copy and statement, the Supreme Court shall
make a full investigation of the facts involved and make such order revoking or
extending the suspension, or removing the attorney from his office as such, as the facts
warrant.
Section 30. Attorney to be heard before removal or suspension. — No attorney shall be
removed or suspended from the practice of his profession, until he has had full
opportunity upon reasonable notice to answer the charges against him, to produce
witnesses in his own behalf, and to be heard by himself or counsel. But if upon
reasonable notice he fails to appear and answer the accusation, the court may proceed
to determine the matter ex parte.
Section 31. Attorneys for destitute litigants. — A court may assign an attorney to render
professional aid free of charge to any party in a case, if upon investigation it appears
that the party is destitute and unable to employ an attorney, and that the services of
counsel are necessary to secure the ends of justice and to protect the rights of the
party. It shall be the duty of the attorney so assigned to render the required service,
unless he is excused therefrom by the court for sufficient cause shown.
Section 32. Compensation for attorneys de oficio. — Subject to availability of funds as
may be provided by the law the court may, in its discretion, order an attorney employed
as counsel de oficio to be compensates in such sum as the court may fix in accordance
with section 24 of this rule. Whenever such compensation is allowed, it shall be not less
than thirty pesos (P30) in any case, nor more than the following amounts: (1) Fifty
pesos (P50) in light felonies; (2) One hundred pesos (P100) in less grave felonies; (3)
Two hundred pesos (P200) in grave felonies other than capital offenses; (4) Five
Hundred pesos (P500) in capital offenses.
Section 33. Standing in court of person authorized to appear for Government. — Any
official or other person appointed or designated in accordance with law to appear for the
Government of the Philippines shall have all the rights of a duly authorized member of
the bar to appear in any case in which said government has an interest direct or
indirect.
Section 34. By whom litigation conducted. — In the court of a justice of the peace a
party may conduct his litigation in person, with the aid of an agent or friend appointed by
him for the purpose, or with the aid an attorney. In any other court, a party may conduct
his litigation personally or by aid of an attorney, and his appearance must be either
personal or by a duly authorized member of the bar.
Section 35. Certain attorneys not to practice. — No judge or other official or employee
of the superior courts or of the Office of the Solicitor General, shall engage in private
practice as a member of the bar or give professional advice to clients.
Section 36. Amicus Curiae. — Experienced and impartial attorneys may be invited by
the Court to appear as amici curiae to help in the disposition of issues submitted to it.
Section 37. Attorneys' liens. — An attorney shall have a lien upon the funds,
documents and papers of his client which have lawfully come into his possession and
may retain the same until his lawful fees and disbursements have been paid, and may
apply such funds to the satisfaction thereof. He shall also have a lien to the same extent
upon all judgments for the payment of money, and executions issued in pursuance of
such judgments, which he has secured in a litigation of his client, from and after the time
when he shall have the caused a statement of his claim of such lien to be entered upon
the records of the court rendering such judgment, or issuing such execution, and shall
have the caused written notice thereof to be delivered to his client and to the adverse
paty; and he shall have the same right and power over such judgments and executions
as his client would have to enforce his lien and secure the payment of his just fees and
disbursements.